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Document 52020PC0587

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020

COM/2020/587 final

Brussels, 28.9.2020

COM(2020) 587 final

2020/0273(NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

On 8 July 2019, the Council adopted a Decision 1 authorising the Commission to open negotiations with Mauritania with a view to concluding a sustainable fisheries partnership agreement and a protocol implementing that agreement (documents 10402/19 and 10231/19). Article 1(2) of that Decision allowed the Commission to negotiate a limited extension to the protocol that was due to expire on 15 November 2019 to prevent a long interruption of fishing activity. Under the negotiating directives attached to this Council Decision (document 10231/19 ADD1), such an extension may not exceed a maximum duration of one year.

On 8 November 2019 the Protocol was extended for one year, until 15 November 2020, by an agreement in the form of an exchange of letters 2 (document 12928/19).

Between September 2019 and February 2020, four rounds of negotiations were held with Mauritania for a new sustainable fisheries partnership agreement and protocol, but no agreement was reached.

Despite the protocol having been extended, it became clear that owing to the current health situation (COVID-19 pandemic) the negotiations on a new agreement and protocol would not be concluded in time to prevent an interruption of fishing activity on expiry of the current extension. On 26 June 2020 3 the Council therefore authorised the Commission to negotiate a further extension to the Protocol for a maximum duration of one more year.

In the fifth round of negotiations (7 July 2020), the negotiators of the Union and of the Islamic Republic of Mauritania agreed on a second extension to the Protocol for a maximum period of one year, in accordance with the mandate given by the Council. This second extension is set out by an agreement in the form of an exchange of letters, initialled on 7 July 2020.

In order to prevent an interruption of fishing activity for the European fleet operating in Mauritanian waters, the Council Decision endorsing this agreement in the form of an exchange of letters must be adopted in due time to allow for signature by both Parties before 15 November 2020, when the current Protocol expires.

The Commission proposes, on this basis, that the Council authorise the signature and provisional application of the exchange of letters to allow the existing protocol, due to expire on 15 November 2020, to be extended a second time for a maximum duration of one year.

The aim of the Protocol is to grant European Union vessels fishing opportunities in Mauritanian waters, taking into account available scientific assessments, in particular those of the Fishery Committee for the Eastern Central Atlantic (CECAF), and in accordance with scientific advice and recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), within the limits of the available surplus. The aim is also to enhance cooperation between the European Union and the Islamic Republic of Mauritania, thereby strengthening a partnership framework within which to develop a sustainable fisheries policy and sound exploitation of fishery resources in the fishing zone of the Islamic Republic of Mauritania, in the interests of both Parties.

The Protocol provides for fishing opportunities in the following categories:

   Category 1 – Vessels fishing for crustaceans other than spiny lobster and crab: 5 000 tonnes and 25 vessels;

   Category 2 - Black hake (non-freezer) trawlers and bottom longliners: 6 000 tonnes and 6 vessels;

   Category 2a - Pelagic freezer trawlers targeting black hake: 3 500 tonnes of hake, 1 450 tonnes of squid, 600 tonnes of cuttlefish for 6 vessels;

   Category 3 - Vessels fishing for demersal species other than black hake with gear other than trawls: 3 000 tonnes and 6 vessels;

   Category 4 - Tuna seiners: 12 500 tonnes (reference tonnage) and 25 vessels;

   Category 5 - Pole-and-line tuna vessels and longliners: 7 500 tonnes (reference tonnage) and 15 vessels;

   Category 6 - Pelagic freezer trawlers: 225 000 tonnes 4 and 19 vessels;

Category 7 - Non-freezer pelagic vessels: 15 000 tonnes (deducted from volume under category 6 if used) and 2 vessels.

Consistency with existing policy provisions in the policy area

In accordance with the priorities of the fisheries policy reform 5 , the Protocol provides fishing opportunities for EU vessels in Mauritanian waters, on the basis of the best available scientific advice and following ICCAT recommendations. The Protocol also enables the European Union and the Islamic Republic of Mauritania to work more closely together on promoting sound exploitation of fishery resources in Mauritanian waters and to support efforts by the Islamic Republic of Mauritania to develop its fisheries sector, in the interests of both Parties.

Consistency with other Union policies

The negotiation of a new Fisheries Partnership Agreement with the Islamic Republic of Mauritania and a Protocol implementing that Agreement – which includes this proposed extension – forms part of the EU’s external action in relation to ACP countries and takes into account, in particular, EU objectives on respecting democratic principles and human rights.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The legal basis chosen is the Treaty on the Functioning of the European Union, Article 43(2) of which establishes the Common Fisheries Policy and Article 218(5) the relevant stage of the procedure for the negotiation and conclusion of agreements between the EU and third countries.

Subsidiarity (for non-exclusive competence)

The proposal falls under the exclusive competence of the European Union.

Proportionality

The proposal is proportionate to the objective of establishing a legal, environmental, economic and social governance framework for fishing activities carried out by EU vessels in third-country waters, as set out in Article 31 of the Regulation establishing the common fisheries policy. It complies with those provisions as well as with those on financial assistance to third countries laid down in Article 32 of that Regulation.

The extension, by another year, of the framework laid down by the Protocol expiring on 15 November 2020 is linked to the negotiation process and aims to ensure the continuity of fishing activity by the European fleet operating in Mauritanian waters.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Ex-post evaluations/fitness checks of existing legislation

The interested parties were consulted during the evaluation of the Protocol for the period 2015-2019. Experts from the Member States were also consulted in technical meetings. These consultations led to the conclusion that it would be beneficial to renew the fishing protocol with the Islamic Republic of Mauritania. This proposed extension to the Protocol is a stage in the negotiation process for renewing the Protocol.

Consultation of interested parties

Member States, industry representatives, international civil society organisations and the fisheries administration and civil society representatives of the Islamic Republic of Mauritania were consulted as part of the evaluation. Consultations also took place in the framework of the Long Distance Advisory Council.

Collection and use of expertise

The Commission used an independent consultant for the ex-post and ex-ante evaluations, in accordance with the provisions of Article 31(10) of the Regulation establishing the Common Fisheries Policy.

4.BUDGETARY IMPLICATIONS

The annual financial contribution from the European Union is EUR 61 625 000, based on:

(a)an annual amount for access to fishery resources for the categories provided for in the Protocol, set at EUR 57 500 000 for the duration of the extension to the Protocol;

(b)support for the development of Mauritania’s sectoral fisheries policy amounting to EUR 4 125 000 per year for the duration of the extension to the Protocol. This support meets the objectives of Mauritania’s national policy on the sustainable management of its continental and maritime fishery resources for the entire duration of the Protocol.

The annual amount for commitment and payment appropriations is established during the annual budgetary procedure, including for the reserve line for protocols not having entered into force at the beginning of the year 6 .

The exchange of letters regarding the extension also sets out a pro rata reduction in case the negotiations for the renewal of the Partnership Agreement and its Protocol result in their signature, leading to their application, before the annual extension covered by the exchange of letters expires.

5.OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

The monitoring arrangements are provided for in the Protocol, the extension to which is covered by the exchange of letters.

2020/0273 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania 7 (hereinafter: ‘the Agreement’), approved by Council Regulation (EC) No 1801/2006 8 entered into force on 8 August 2008.

(2)The Protocol to the Agreement setting out the fishing opportunities and financial contribution provided for therein (hereinafter: ‘the Protocol’), which entered into force on the same day for a period of two years, has been replaced several times.

(3)On 8 July 2019, the Council adopted a Decision 9 authorising the Commission to open negotiations with Mauritania with a view to concluding a new sustainable fisheries partnership agreement and a protocol implementing that agreement. Article 1(2) of that Decision allowed the Commission to negotiate a limited extension, until 15 November 2020, of the Protocol that was due to expire on 15 November 2019 so as to prevent a long interruption of fishing activity. The Council adopted the Decision 10 on that extension on 8 November 2019.

(4)Between September 2019 and February 2020, four rounds of negotiations were held with Mauritania for the conclusion of a new sustainable fisheries partnership agreement and protocol. No agreement was reached.

(5)Despite the first extension to the protocol, it became clear that owing to the current health situation (COVID-19 pandemic) the negotiations on a new agreement and protocol would not be concluded in time to prevent an interruption of fishing activity. On 26 June 2020 11 the Council therefore authorised the Commission to negotiate a further extension to the Protocol for a maximum duration of one more year.

(6)Pending completion of the negotiations on the renewal of the Agreement and its Protocol, the Commission negotiated, on behalf of the European Union, an Agreement in the form of an exchange of letters on an extension for a maximum period of one year to the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement. The negotiations were concluded successfully and the exchange of letters was initialled on 7 July 2020.

(7)The aim of the Agreement in the form of an exchange of letters is to enable the European Union and the Islamic Republic of Mauritania to continue working together to promote a sustainable fisheries policy and a sound exploitation of fishery resources in Mauritanian waters and to allow EU vessels to fish in those waters.

(8)The Agreement in the form of an exchange of letters should therefore be signed on behalf of the Union, subject to its conclusion at a later date.

(9)To ensure the continuity of fishing activity by EU vessels in Mauritanian waters, the Agreement in the form of an exchange of letters should be applied provisionally,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020 (hereinafter: ‘Agreement in the form of an exchange of letters’), is hereby approved on behalf of the EU, subject to the conclusion of the aforementioned Agreement.

The text of the Agreement in the form of an exchange of letters is annexed to this Decision.

Article 2

The Secretariat-General of the Council shall establish the instrument of full powers for the person(s) indicated by the negotiator of the Agreement in the form of an exchange of letters to sign the aforementioned Agreement, subject to its conclusion.

Article 3

Pending its entry into force, the Agreement in the form of an exchange of letters shall be applied provisionally as from 16 November 2020, or as from its date of signature if it occurs later, in accordance with paragraph 6 thereof.

Article 4

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

   For the Council

   The President

LEGISLATIVE FINANCIAL STATEMENT

1.    FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.    Title of the proposal/initiative

Proposal for a Council decision on the signing, on behalf of the EU, and provisional application of the Agreement in the form of an exchange of letters on a second extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2020.

1.2.    Policy area(s) concerned 

11 – Maritime affairs and fisheries

11:03 – Compulsory contributions to regional fisheries management organisations (RFMOs) and other international organisations and sustainable fisheries agreements (SFAs)

11.03.01 – Establishing a governance framework for fishing activities carried out by Union fishing vessels in third-country waters.

1.3.    The proposal/initiative relates to: 

 a new action 

 a new action following a pilot project/preparatory action 12  

X the extension of an existing action 

 a merger or redirection of one or more actions towards another/a new action 

1.4.    Objective(s)

1.4.1.    General objective(s)

The negotiation and conclusion of Sustainable Fisheries Partnership Agreements (SFPAs) with third countries meet the general objective of giving EU fishing vessels access to the fishing zones of third countries and developing a partnership with those countries with a view to strengthening the sustainable exploitation of fishery resources outside EU waters.

SFPAs also ensure consistency between the principles governing the Common Fisheries Policy and commitments made under other European policies (sustainable use of third-country resources, combating illegal, unreported and unregulated (IUU) fishing, integration of partner countries into the global economy and better political and financial governance of fisheries).

1.4.2.    Specific objective(s)

Specific objective

To contribute to sustainable fishing in non-EU waters, maintain a European presence in distant-water fisheries and protect the interests of the European fisheries sector and consumers by negotiating and concluding SFPAs with coastal states, consistent with other European policies.

ABM/ABB activity(ies) concerned:

Maritime affairs and fisheries, to establish a governance framework for fishing activities carried out by European Union fishing vessels in third-country waters (SFAs) (budget line 11.03.01).

1.4.3.    Expected result(s) and impact

Specify the effects that the proposal/initiative should have on the targeted beneficiaries/groups.

A second extension to the existing Protocol to the FPA will prevent an interruption of fishing activity by European vessels when the Protocol expires on 15 November 2020. It will apply for a maximum period of one year, pending the finalisation of negotiations for the renewal of the FPA.

The Protocol enables the establishment of a strategic fisheries partnership between the European Union and the Islamic Republic of Mauritania. The Protocol will also contribute to better management and conservation of fishery resources, through financial support (sectoral support) for the implementation of programmes adopted at national level by the partner country, in particular as regards monitoring and combating illegal fishing, and support for the small-scale fisheries sector.

1.4.4.    Performance indicators

Specify the indicators for monitoring progress and achievements.

Fishing opportunity utilisation rates (annual uptake of fishing authorisations as a percentage of availability under the Protocol).

Catch data (gathering and analysis) and the commercial value of the Agreement.

Contribution to employment and to added value in the Union and to stabilising the Union market (in aggregate with other SFPAs).

Contribution to improving research, surveillance and control of fishing activity by the partner country and the development of its fisheries sector, in particular its small-scale fisheries sector.

1.5.    Grounds for the proposal/initiative 

1.5.1.    Requirement(s) to be met in the short or long term, including a detailed timeline for implementing the initiative

It is intended that the exchange of letters extending the Protocol will apply provisionally from the date of its signature, as from 16 November 2020 or any subsequent date of signature, so as to prevent any interruption to fishing operations ongoing under the current Protocol.

1.5.2.    Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarity). For the purposes of this point, ‘added value of Union involvement’ is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.

If the Union did not conclude a new protocol, this would impede the fishing activity of EU vessels as the Agreement contains a clause excluding fishing activity not taking place in the framework defined by a protocol to the Agreement. Consequently, the added value for the EU’s long-distance fleet is very clear. The Protocol also provides a framework for enhanced cooperation between the EU and the Islamic Republic of Mauritania.

1.5.3.    Lessons learnt from similar experiences in the past

The analysis of past catches in the fishing zone of the Islamic Republic of Mauritania and of recent catches under similar protocols in the region, as well as the available assessments and scientific advice, have led the Parties to set fishing opportunities in terms of catch limit (TAC) or reference tonnage for the categories referred to in the explanatory memorandum above. Sectoral support takes into account needs with respect to building the capacity of the fisheries authorities of the Islamic Republic of Mauritania and the priorities of the national fisheries strategy, including, in particular, scientific research and fishing control and monitoring activities.

1.5.4.    Compatibility with the multiannual financial framework and possible synergies with other appropriate instruments

Funds provided as financial compensation for access under the FPA constitute fungible revenue in the national budget of the Islamic Republic of Mauritania. However, funds intended for sectoral support are allocated (generally by introduction in the annual budget law) to the Ministry responsible for fisheries, as a condition for the conclusion and monitoring of FPAs. These financial resources are compatible with other sources of funding from other providers of international funding for carrying out projects and/or programmes at national level in the fisheries sector.

1.5.5.    Assessment of the different available financing options, including scope for redeployment

n/a

Duration and financial impact of the proposal/initiative

X limited duration

   In force from 2020 to 2024

X    Financial impact in 2021 for commitment appropriations and from 2020 to 2022 for payment appropriations.

 unlimited duration

Implementation with a start-up period from YYYY to YYYY,

followed by full-scale operation.

Management mode(s) planned 13  

X Direct management by the Commission

X by its departments, including by its staff in the Union delegations;

   by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

◻ third countries or the bodies they have designated;

◻ international organisations and their agencies (to be specified);

◻ the EIB and the European Investment Fund;

◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;

◻ public law bodies;

◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.    MANAGEMENT MEASURES 

2.1.    Monitoring and reporting rules 

Specify frequency and conditions.

The Commission (DG MARE), in collaboration with its fisheries attaché based in the country (Nouakchott) will ensure regular monitoring of the implementation of the Protocol, as regards the use by operators of fishing opportunities and catch data and compliance with conditions for sectoral support.

The FPA provides for at least one annual meeting of the Joint Committee, at which the Commission and the Islamic Republic of Mauritania review the implementation of the Agreement and Protocol and, if necessary, adjust the programming and, if applicable, the financial contribution.

2.2.    Management and control system(s) 

2.2.1.    Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

The identified risk is the under-use of fishing opportunities by EU vessel owners and the under-use or delayed use by the Islamic Republic of Mauritania of funds intended to finance the sectoral fisheries policy.

2.2.2.    Information concerning the risks identified and the internal control system(s) set up to mitigate them

Extensive dialogue is planned on the programming and implementation of the sectoral policy laid down in the Agreement and the Protocol. Joint analysis of results also forms part of these control methods.

In addition, the Agreement and the Protocol contain specific clauses for their suspension, under certain conditions and in given circumstances.


2.2.3.    Estimation and justification of the cost-effectiveness of the controls (ratio of ‘control costs ÷ value of the related funds managed’), and assessment of the expected levels of risk of error (at payment and at closure) 

2.3.    Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

The Commission undertakes to strengthen political dialogue and regular coordination with the Islamic Republic of Mauritania with a view to improving the management of the Agreement and the Protocol and strengthening the Union’s contribution to the sustainable management of resources. Any payment which the Commission makes under an FPA is subject to the Commission’s standard rules and budgetary and financial procedures. In particular, the bank accounts of the third countries into which the financial contribution is paid are fully identified. The Protocol provides that the financial contribution is to be paid into a Public Treasury account opened at Mauritania’s Central Bank.

3.    ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.    Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

Existing budget lines

In the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Type of expenditure

Contribution

Number  

Diff./Non-diff. 14

from EFTA countries 15

from candidate countries 16

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

11.03.01

Establishing a governance framework for fishing activity by European Union fishing vessels in third country waters (SFAs)

Diff.

None

None

None

None

New budget lines requested

In the order of multiannual financial framework headings and budget lines.

Heading of multiannual financial framework

Budget line

Type of expenditure

Contribution

Number  

Diff./Non-diff.

from EFTA countries

from candidate countries

from third countries

within the meaning of Article 21(2)(b) of the Financial Regulation

[XX.YY.YY.YY]

YES/NO

YES/NO

YES/NO

YES/NO

3.2.    Estimated financial impact of the proposal on appropriations 

3.2.1.    Summary of estimated impact on operational appropriations 

   The proposal/initiative does not require the use of operational appropriations

X    The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

Heading of multiannual financial
framework

No

2.

Sustainable growth: natural resources

DG: MARE

Year 
2020

Year 
2021

Year 
2022

TOTAL

• Operational appropriations

Budget line 17 11.0301

Commitments

(1a)

61.625

61.625

Payments

(2a)

57.500

4.125

61.625

Budget line

Commitments

(1b)

Payments

(2b)

Appropriations of an administrative nature financed from the envelope of specific programmes 18  

Budget line

(3)

TOTAL appropriations 
for DG MARE

Commitments

=1a+1b +3

61.625

61.625

Payments

=2a+2b

+3

57.500

4.125

61.625

 



TOTAL operational appropriations

Commitments

(4)

61.625

61.625

Payments

(5)

57.500

4.125

61.625

•TOTAL appropriations of an administrative nature financed from the envelope for specific programmes

(6)

TOTAL appropriations  
under HEADING 2
of the multiannual financial framework

Commitments

=4+ 6

61.625

61.625

Payments

=5+ 6

57.500

4.125

61.625

If more than one operational heading is affected by the proposal/initiative, repeat the section above:

TOTAL operational appropriations (all operational headings)

Commitments

(4)

Payments

(5)

TOTAL appropriations of an administrative nature financed from the envelope for specific programmes (all operational headings)

(6)

TOTAL appropriations 
under HEADINGS 1 to 4 
of the multiannual financial framework 
(Reference amount)

Commitments

=4+ 6

61.625

61.625

Payments

=5+ 6

57.500

4.125

61.625





Heading of multiannual financial
framework

5

‘Administrative expenditure’

This section should be filled in using the ‘budget data of an administrative nature’ to be introduced first in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for inter-service consultation purposes.

EUR million (to three decimal places)

Year 
2020

Year 
2021

Year 
2022

TOTAL

DG: MARE

 Human resources

• Other administrative expenditure

TOTAL DG MARE

Appropriations

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework 

(Total commitments = Total payments)

EUR million (to three decimal places)

Year 
2020

Year 
2021

Year 
2022

TOTAL

TOTAL appropriations 
under HEADINGS 1 to 5 
of the multiannual financial framework 

Commitments

61.625

61.625

Payments

57.500

4.125

61.625

3.2.2.    Estimated output funded with operational appropriations 

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives and outputs

Year 
2020

Year 
2021

Year 
2022

TOTAL

Type 19

Average cost

Number

Cost

Number

Cost

Number

Cost

Number

Total number

Total cost

SPECIFIC OBJECTIVE No 1 20 ...

– Access

Annual

57.5

57.5

4.125

61.625

– Sectoral

Annual

4.125

4.125

– Output

Subtotal for specific objective No 1

61.625

61.625

SPECIFIC OBJECTIVE No 2 ...

– Output

Subtotal for specific objective No 2

TOTALS

61.625

61.625

3.2.3.    Summary of estimated impact on administrative appropriations 

X    The proposal/initiative does not require the use of appropriations of an administrative nature.

   The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

Year 
N 21

Year 
N+1

Year 
N+2

Year 
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

TOTAL

HEADING 5 
of the multiannual financial framework

Human resources

Other administrative expenditure

Subtotal HEADING 5 
of the multiannual financial framework

Outside HEADING 5 22  
of the multiannual financial framework

Human resources

Other expenditure of an administrative nature

Subtotal outside HEADING 5 
of the multiannual financial framework

TOTAL

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.1.    Estimated requirements of human resources

X    The proposal/initiative does not require the use of human resources.

   The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

Year 
N

Year 
N+1

Year N+2

Year N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

 Establishment plan posts (officials and temporary staff)

XX 01 01 01 (Headquarters and Commission’s Representation Offices)

XX 01 01 02 (Delegations)

XX 01 05 01/11/21 (Indirect research)

10 01 05 01/11 (Direct research)

 External staff (in full-time equivalent units: FTE) 23

XX 01 02 01 (AC, END, INT from the ‘global envelope’)

XX 01 02 02 (AC, AL, END, INT and JPD in the delegations)

XX 01 04 yy  24

– at Headquarters

– in delegations

XX 01 05 02/12/22 (AC, END, INT - Indirect research)

10 01 05 02/12 (AC, END, INT - Direct research)

Other budget lines (specify)

TOTAL

XX is the policy area or budget title concerned.

Human resources requirements will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff

Implementation of the Protocol (payments, access to Mauritanian waters by EU vessels, processing of fishing authorisations), preparation and follow-up of Joint Committees, preparation for the renewal of the Protocol, external evaluation, legislative procedures, negotiations.

External staff

Implementation of the Protocol: contact with the authorities of Mauritania for access by EU vessels to Mauritanian waters, processing of fishing authorisations, preparation and follow-up of Joint Committees, in particular sectoral support implementation.

3.2.4.    Compatibility with the current multiannual financial framework 

The proposal/initiative:

X    can be fully financed through redeployment within the relevant heading of the multiannual financial framework (MFF).

This concerns the use of the reserve line (Chapter 40).

   requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

Explain what is required, specifying the headings and budget lines concerned, the corresponding amounts, and the instruments proposed to be used.

   requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding amounts.

3.2.5.    Third-party contributions 

The proposal/initiative:

X    does not provide for co-financing by third parties

   provides for the co-financing by third parties estimated below:

Commitment appropriations in EUR million (to three decimal places)

Year 
N 25

Year 
N+1

Year 
N+2

Year 
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

Total

Specify the co-financing body 

TOTAL appropriations co-financed

 



3.3.    Estimated impact on revenue 

X    The proposal/initiative has no financial impact on revenue.

   The proposal/initiative has the following financial impact:

   on own resources

   on other revenue

please indicate, if the revenue is assigned to expenditure lines    

EUR million (to three decimal places)

Budget revenue line:

Appropriations available for the current financial year

Impact of the proposal/initiative 26

Year 
N

Year 
N+1

Year 
N+2

Year 
N+3

Enter as many years as necessary to show the duration of the impact (see point 1.6)

Article ………….

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

(1)    Council Decision of 8 July 2019 authorising the opening of negotiations with the Islamic Republic of Mauritania with a view to concluding a Sustainable Fisheries Partnership Agreement and a Protocol implementing that Agreement (ST 10231 2019 INIT).
(2)    Council Decision (EU) 2019/1918 of 8 November 2019 on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019. OJ L 297 I, 18.11.2019, p. 1.
(3)    Addendum to the negotiating directives, documents 10231/19 ADD1 and 10231/19 ADD 2 PECHE 285.
(4)    This figure may be exceeded by a 10% margin without any impact on the financial contribution paid by the European Union for access.
(5)    OJ L 354, 28.12.2013, p. 22.
(6)    In accordance with the Interinstitutional Agreement on cooperation in budgetary matters (2013/C 373/01).
(7)    OJ L 343, 8.12.2006, p. 4.
(8)    Council Regulation (EC) No 1801/2006 of 30 November 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania (OJ L 343, 8.12.2006, p. 1).
(9)    Council Decision of 8 July 2019 authorising the opening of negotiations with the Islamic Republic of Mauritania with a view to concluding a Sustainable Fisheries Partnership Agreement and a Protocol implementing that Agreement (ST 10231 2019 INIT).
(10)    Council Decision (EU) 2019/1918 of 8 November 2019 on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019. OJ L 297 I, 18.11.2019, p. 1.
(11)    Addendum to the negotiating directives in documents 10231/19 ADD1 (document WK 5899/20).
(12)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
(13)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  
(14)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
(15)    EFTA: European Free Trade Association.
(16)    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.
(17)    According to the official budget nomenclature.
(18)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(19)    Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).
(20)    As described in point 1.4.2. ‘Specific objective(s)…’
(21)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
(22)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.
(23)    AC = contract staff; AL = local staff; END = seconded national expert; INT = agency staff; JPD = junior professionals in delegations.
(24)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).
(25)    Year N is the year in which implementation of the proposal/initiative starts. Please replace ‘N’ by the expected first year of implementation (for instance: 2021). The same for the following years.
(26)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20% for collection costs.
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Brussels, 28.9.2020

COM(2020) 587 final

ANNEX

accompanying

the proposal for a COUNCIL DECISION

on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020


ANNEX

Agreement in the form of an exchange of letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania expiring on 15 November 2020

A. Letter from the European Union

Dear Sirs,

I am pleased to confirm that we agree to the following interim arrangements for a second extension to the Protocol currently in force (16 November 2015-15 November 2019, already extended for one year until 15 November 2020 1 ), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, pending completion of the negotiations on the renewal of the Agreement and Protocol.

In this regard, the European Union and the Islamic Republic of Mauritania have agreed the following:

(1)As from 16 November 2020, or as from the date of signature of the present exchange of letters if it occurs later, the arrangements in place during the final year of the Protocol will be extended for a maximum period of one year under the same conditions.

(2)The EU’s financial contribution for vessels to have access to Mauritanian waters under the extension will correspond to the annual amount provided for under Article 2 of the Protocol, as amended by the Joint Committee on 15 and 16 November 2016 2 . That payment will be made in a single instalment no later than three months from the date of provisional application of this exchange of letters.

(3)Under this extension agreement, sectoral support amounts to EUR 4.125 million. The Joint Committee provided for under Article 10 of the Fisheries Partnership Agreement will approve the programming for this amount according to the provisions set out in Article 3(1) of the Protocol no later than two months from the date of application of this exchange of letters. The conditions referred to in Article 3 of the Protocol relating to the implementation and payment of sectoral support will apply mutatis mutandis.

(4)In the event that the negotiations to renew the Partnership Agreement and its Protocol result in these being signed and subsequently entering into force prior to the expiry of the one-year period provided for under point 1 above, payment of the financial contribution referred to in points 2 and 3 above will be reduced pro rata temporis. The corresponding amount already paid will be deducted from the first financial contribution due under the new Protocol.

(5)During the application period of this extension agreement, fishing licences will be allocated within the limits set under the Protocol by means of fees or advances corresponding to those set in Appendix 1 of Annex 1 to the Protocol.

(6)Pending its entry into force, this exchange of letters will apply provisionally as from 16 November 2020, or as from the date of signature if it occurs later. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its terms.

Yours faithfully,

For the European Union

B. Letter from the Islamic Republic of Mauritania

Dear Sirs,

I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:

‘Dear Sirs,

I am pleased to confirm that we agree to the following interim arrangements for a second extension to the Protocol currently in force (16 November 2015-15 November 2019, already extended for one year until 15 November 2020 3 ), hereinafter ‘the Protocol’, setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, pending completion of the negotiations on the renewal of the Agreement and Protocol.

In this regard, the European Union and the Islamic Republic of Mauritania have agreed the following:

(1)As from 16 November 2020, or as from the date of signature of the present exchange of letters if it occurs later, the arrangements in place during the final year of the Protocol will be extended for a maximum period of one year under the same conditions.

(2)The EU’s financial contribution for vessels to have access to Mauritanian waters under the extension will correspond to the annual amount provided for under Article 2 of the Protocol, as amended by the Joint Committee on 15 and 16 November 2016 4 . That payment will be made in a single instalment no later than three months from the date of provisional application of this exchange of letters.

(3)Under this extension agreement, sectoral support amounts to EUR 4.125 million. The Joint Committee provided for under Article 10 of the Fisheries Partnership Agreement will approve the programming for this amount according to the provisions set out in Article 3(1) of the Protocol no later than two months from the date of application of this exchange of letters. The conditions referred to in Article 3 of the Protocol relating to the implementation and payment of sectoral support will apply mutatis mutandis.

(4)In the event that the negotiations to renew the Partnership Agreement and its Protocol result in these being signed and subsequently entering into force prior to the expiry of the one-year period provided for under point 1 above, payment of the financial contribution referred to in points 2 and 3 above will be reduced pro rata temporis. The corresponding amount already paid will be deducted from the first financial contribution due under the new Protocol.

(5)During the application period of this extension agreement, fishing licences will be allocated within the limits set under the Protocol by means of fees or advances corresponding to those set in Appendix 1 of Annex 1 to the Protocol.

(6)Pending its entry into force, this exchange of letters will apply provisionally as from 16 November 2020, or as from the date of signature if it occurs later. It will enter into force on the date on which the Parties notify each other that they have completed the necessary procedures for that purpose.’

I can confirm that the terms of your letter are acceptable to my Government.

Your letter and this letter constitute an agreement in accordance with your proposal.

Yours faithfully,

For the Government of the Islamic Republic of Mauritania

(1)    Ref. Council Decision (EU) 2019/1918 of 8 November 2019, OJ L 297 I, 18.11.2019, p. 1.
(2)    Ref. Commission Decision (EU) 2017/451 of 14 March 2017, OJ L 69, 15.3.2017, p. 34.
(3)    Ref. Council Decision (EU) 2019/1918 of 8 November 2019, OJ L 297 I, 18.11.2019, p. 1.
(4)    Ref. Commission Decision (EU) 2017/451 of 14 March 2017, OJ L 69, 15.3.2017, p. 34.
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